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B'TSELEM - The Israeli Information Center for Human Rights in the Occupied Territories Information Sheet October 2001

Free Rein Vigilante Settlers and 's Non-Enforcement of the Law B'TSELEM

Information Sheet October 2001

Free Rein

Vigilante Settlers and Israel's Non-Enforcement of the Law

8 Hata'asiya St. (4th Floor) Talpiot, Jerusalem 93420 Tel. 02-6735599 Fax. 02-6749111 E-mail: [email protected] Website: http//www.btselem.org

B'TSELEM - The Israeli Information Center for Human Rights in the Occupied Territories was founded in 1989 by a group of lawyers, authors, academics, journalists, and Members of Knesset. B'Tselem documents human rights abuses in the Occupied Territories and brings them to the attention of policymakers and the general public. Its data are based on independent fieldwork and research, official sources, the media, and data from Palestinian and Israeli human rights organizations. Introduction

Settler violence against Palestinians is These acts of violence occur in the context extensive and has been prevalent in the of the failure of Israeli law enforcement, Occupied Territories for many years. From which treats settler violence with complacency the beginning of the first intifada, in December and forgiveness. This attitude is among the 1987, to 3 October 2001, settlers have killed factors that enable the violence to continue. 124 Palestinians, eleven of them since Israel also ignores its responsibility, as the September 2000.1 occupier of the Occupied Territories, to protect the safety and well-being of the In March 2001, B'Tselem published Tacit population under its control. The testimonies 2 Consent, which described numerous violent and data collected by B'Tselem in recent acts by settlers against Palestinians during years indicate that Israeli leniency extends the al-Aqsa intifada. Settlers shot Palestinians, to all aspects and stages of an incident: hurled stones at them, damaged their from the lack of intervention of soldiers property, blocked roads, and abused them and police present when the attacks take in other ways. Some of these acts entailed place, through superficial and incomplete entering Palestinian villages, damaging investigations, to light sentences and pardons Palestinian vehicles travelling along the of the few settlers convicted of assaulting road, and mistreating Palestinian farmers Palestinians.5 working their fields. Similar acts, entailing greater force, have occurred since B'Tselem Since the beginning of the al-Aqsa intifada, issued its report. Palestinian civilians have attacked throughout the Occupied Territories. Most In addition to these acts, in recent months of these attacks involved gunfire and/or there have been several lethal shooting stone throwing at vehicles and homes, and attacks that were attributed to a gang (or resulted in the killing of sixty-seven Israeli gangs) of Israelis.3 According to some civilians, forty-nine of them settlers. assessments, the same groups are responsible Intentionally harming civilians is a flagrant for a series of attacks that began in April violation of international law and is absolutely 2001. The police informed B'Tselem that prohibited, whatever the circumstances. it is intensively investigating the matter, Although the settlements violate international but did not indicate that any progress was law, their existence does not affect the status being made in the investigation.4 and rights of civilians living there and does

1. The number of Palestinians killed by settlers may be higher because Palestinians were killed in situations in which it was unclear whether Israeli security forces or settlers were responsible. In some cases, there were no eyewitnesses or the IDF Spokesperson's failed to report the killing of Palestinians by security forces. As a result, it was not always possible to determine who was responsible for the deaths. Furthermore, there were cases in which settler vehicles struck Palestinians and it was unclear whether the act was intentional or accidental. 2. B'Tselem: Tacit Consent: Israeli Law Enforcement on Settlers in the Occupied Territories, March 2001. 3. "GSS Director: Jewish Gang Operating in the Occupied Territories," YNET, 17 July 2001. 4. Letter of 6 September 2001 to B'Tselem from Chief Superintendent Uri Weiskopf, head of the Investigations Division, SHAI District. 5. On settler violence during the first intifada, see B'Tselem: Law Enforcement vis-a-vis Israeli Civilians in the Occupied Territories, March 1994. ≥ not turn them into a legitimate target for by settlers in retaliation for Palestinian attack.6 International law provides no attacks on settlers. The rioting is only one support for the argument that settlers are aspect of a broader phenomenon that has not civilians and are, therefore, legitimate led to the killing and wounding of targets of assault in the Palestinian struggle. Palestinians, extensive property and economic The distinction between civilians and damage, and prolonged hardship among combatants is a fundamental precept of many residents of the Occupied Territories. international law, which does not recognize Although other types of acts have led to the existence of any other category and more tragic results, the focus is placed on distinguishes between the legal and illegal these kinds of activities because they involved means allowed in every situation.7 Therefore, large numbers of participants, and were every attack on Israeli civilians in the anticipated and committed openly, making Occupied Territories, a population that the failure of the Israeli authorities to prevent includes children, is absolutely forbidden.8 them even more grievous. This report discusses one kind of settler violence against Palestinians: mass rioting

6. International law prohibits the transfer of a population from the area of the occupying state to the occupied territory. It also forbids the occupying power to make permanent changes that do not benefit the local population. See, for example, article 49 of the Fourth Geneva Convention. For a discussion on this matter, see B'Tselem, in the Occupied Territories as a Violation of Human Rights: Legal and Theoretical Aspects, March 1997. 7. On the issue of civilian and combatant categories, see B'Tselem: The Proposed Law: "Imprisonment of Combatants not Entitled to Prisoner-of-War Status," June 2000. 8. See B'Tselem, Illusions of Restraint: Human Rights Violations in the Occupied Territories during the al-Aqsa Intifada, December 2000, pp. 16-18; B'Tselem, Israeli Settlement in the Occupied Territories, pp. 30-31. ¥ Settlers Acts of Revenge

One of the conspicuous phenomena of not new. Following settler riots in settler violence against Palestinians during in the middle of July, a senior police official the current intifada is the rioting by settlers commented that, "Every attack or murder after Palestinians attacked Israelis. A clear of settlers brings a wave of vengeful activity example of this pattern occurred following by residents of the Jewish settlements. This the killing of Ronni Zalah, a resident of is not the first time that [such] things Gush Qatif, on 14 January 2001. Immediately occurred."10 On another occasion, a senior after the killing, hundreds of settlers went police source stated that, "almost every to the Mawasi area in the and Palestinian attack draws a retaliatory action rioted for several hours. The settlers fired by Jews."11 Amos Harel, the military reporter weapons and damaged property, destroyed for Ha'aretz, described the phenomenon: 9 fields, and burned hothouses. Similar The understanding of the settlers' distress, incidents also occurred numerous times in the strong connection between their the . leadership and senior officials in the As noted, Palestinian attacks on settlers are Occupied Territories, and no less than absolutely forbidden by international law. this, IDF and police helplessness in However, such attacks can never justify handling Jewish rioters turned settler settler acts of violence against Palestinians. violence into an expected, almost Even where the attacks on settlers are customary, aftermath to every attack extremely serious, the official authorities, against them. Every injury or murder and not private individuals, are responsible of a settler in the West Bank is responded for enforcing the law. The only instance in to by burning Palestinian fields and which a person may intentionally harm houses, beating passersby, attacking another person is the case of self-defense journalists, and occasionally shooting.12 - when the person's life is in danger and Following the shooting attack in Meshor no other option exists to defend against Adumim on 29 August 2001, Hezi Qalu, the danger. Firing a weapon to deter or to former head of the General Security Services punish is forbidden in all situations. It Non-Arab Division, stated that the primary should be emphasized that the nature of motivation behind Israeli violence against all the acts described in this report - stone Palestinians during this period is the desire throwing, vandalism, and damage to property- for revenge.13 An article in Ha'aretz that cannot be considered to fall within the analyzed several incidents in which Israelis rubric of self-defense. harmed Palestinians over the past ten years The police stated that settler attacks on concluded that among the significant motives Palestinian following attacks on settlers are for Jewish terror was the desire for revenge-

9. "Settlers' Journey of Revenge," Ma'ariv, 16 January 2001; "Settlers Riot and Burn Hothouses in Protest against Murder of Ronni Zalah," Ha'aretz, 16 January 2001. 10. "Senior Police Official: Settler Retaliation 'Under Control,'" YNET, 16 July 2001. 11. "Needed: Volunteers to Drive on Dangerous Routes," Yediot Aharonot, 17 August 2001. 12. "The Situation in Hebron: Recent Weeks Turn the City into a Dangerous Spin," Ha'aretz, 15 July 2001. 13. His comments were made in an interview on "Good Morning, Israel," Galei Tsahal (army radio station), 29 September 2001. In another instance, Qalu expressed concern that a "Jewish intifada" would take place in the Occupied Territories. See "The Coming Goldsteins," Ha'aretz, 2 April 2001. µ by relatives of those injured, by religious actions were taken in revenge for past fanatics, and as a spontaneous response to incidents. For example, a number of residents attacks against Jews.14 of the Ma'aleh Adumim settlement were Some settlers openly expressed fears and recently arrested on suspicion of throwing warnings about acts of revenge.15 Groups stones at Palestinian vehicles on numerous also distributed flyers calling for revenge. occasions. The police categorized these acts A group called "The Staff for Guaranteed as "vengeance," but it was unclear if the acts were always taken immediately following Borders," for example, distributed a circular 18 under the heading "We Want Justice! We an attack on settlers. Recent shooting Want Revenge!" The circular stated that, attacks by a gang or gangs of Jews, which "In the confrontation between Israel and this report will not discuss at length, are its enemies, revenge is the most positive suspected acts of revenge. After the attack and just act." in Meshor Adumim, on 29 August 2001, in which Khayder Kanan was killed, a notice Settler revenge has become a routine was sent to the media that the shooting occurrence for many Palestinian residents was in retaliation for the killing of Hillel of the Occupied Territories. For example, Lieberman at the beginning of the intifada.19 Suliman Mahmud Najar, a resident of Burin, Nablus District, informed B'Tselem that, Despite these reservations, the acts described "when a settler is killed or wounded in this report, like other acts that occurred anywhere, we pay the price, even if the in the Occupied Territories during the incident took place in Hebron. The settlers intifada, are part of a clear pattern. They come down from Yizhar, destroy property, are organized, dozens and even hundreds and throw stones and petrol bombs."16 'Abd of people participate, usually take place al-Rahman 'Odeh, a resident of Hawara, during the daytime, and last for a relatively told B'Tselem that: long period of time. After incidents occurred in the area, things In recent years, B'Tselem and many others would get worse. After a settler is killed have frequently warned about the lack of in a nearby area, groups of settlers would effective enforcement of the law against come and break windows and throw violent settlers. In this report, B'Tselem stones at Arab cars.17 chose to focus on acts of revenge because the law enforcement problems are particularly The acts of violence described in this report evident in the authorities' response to these clearly illustrate the phenomenon of revenge acts. Although the acts described below taken by settlers, and all occurred shortly did not result in deaths, their scope and after Palestinians attacked settlers. Due to the open manner in which they were the difficulty in determining the precise conducted indicate, among other things, motive of each settler act, the report does that the participants knew that the Israeli not profess to present a complete and precise authorities would not take significant action list of incidents of this kind. It may be that against them. Unfortunately, the testimonies some of the actions described were planned presented below indicate that this is indeed some time earlier. It may also be that certain the case.

14. "Jewish Terror - The Primary Motives: Revenge, Deterrence, Religious Fanaticism," Ha'aretz, 22 July 2001. 15. "In the Settlements, Settlers Torn Between Revenge and the Need for Restraint," Ha'aretz, 1 June 2001; "YESHA Rabbis Oppose Private Initiatives, but Other Voices also Exist," Ha'aretz, 15 June 2001; "Quietly, Settlers Speak about the Next Goldstein," Ha'aretz, 21 June 2001. 16. The testimony was given to Hashem Abu Hassan on 27 June 2001. 17. The testimony was given to Hashem Abu Hassan on 16 January 2001. 18. "Jews Organized in Ma'aleh Adumim Who Attacked Arabs Exposed," Ma'ariv, 2 August 2001. 19. "The Fifth Victim of Jewish Terror," Yediot Aharonot, 30 August 2001. ∂ Sample Cases

1. Hebron, March - April 2001: acts of abuse and vandalism. Several days of rioting in retaliation On 1 April, the settlers exploded a gas for the killing of a ten-month-old canister in a Palestinian shop in the city. infant Only then, after six days of rioting, did the IDF Spokesperson condemn the acts. The For some time, Hebron has been one of the statement related only to the danger faced primary focal points of violence in the West by the soldiers following the explosion and Bank.20 On 26 March 2001, Shalhevet Pass, completely ignored the attacks on Palestinians a ten-month-old infant, was killed by and their property: "The gas canister explosion Palestinian gunfire. The fear of a violent in the shop in Hebron endangered IDF settler retaliation against Palestinians was soldiers."23 immediate, and IDF officials expressed Many of the attacks were conducted openly concern about this possibility. The same in front of television cameras. Furthermore, day, the IDF Spokesperson issued a statement army and police officials and settlement that, "The IDF calls upon the Israeli residents leaders contended that known extremist to be restrained even at this difficult time settlers from outside Hebron committed and not to respond in a manner that will most of the violence. In comments to a play into the hands of the Palestinians and 21 group of Knesset members, Colonel Tibon cause the situation to deteriorate." Colonel stated: Noam Tibon, head of the Hebron Brigade, stated in an interview with Channel 1 There are some forty people here. They television that, "I hope that the area won't came from Yizhar, Tapuah, Kedumim, ignite."22 and Ra'anana. All are somehow connected to the yeshiva in Nablus... We identified Despite being prepared to cope with the them and warned the heads of the Jewish anticipated events, the IDF did not make community in Hebron not to be tolerant a serious effort to prevent settler riots in of them... We had information that the city, which began the same day that the something was about to occur. infant was killed. For several days, settlers Unfortunately, they did not heed my attacked Palestinians, damaged their property, advice and related to them compassionately, and endangered Palestinian lives. The rioting and what happened here this past week included burning shops, theft, stone throwing, is extremely bad. They break into shops, burning buildings belonging to the Wakf plunder them, burn them. Things that (Muslim religious authority), and other are hard to believe.24

20. See Tacit Consent, pp. 8-11; B'Tselem, Impossible Coexistence: Human Rights in Hebron since the Massacre at the Cave of the Patriarchs, September 1995; Human Rights Watch, Center of the Storm: A Case Study of Human Rights Abuses in Hebron District, April 2001. 21. The statement was given on 26 March 2001. IDF Spokesperson releases are published on www.idf.il. 22. "Fear of Revenge Following Killing of Infant in Hebron," Ha'aretz, 27 March 2001; "Settler Heads in Hebron: Occupy Abu Sneineh," Ma'ariv, 27 March 2001. 23. See the IDF press release of 2 April 2001. 24. "Brigade Commander Angry at Police, Settlers, and the Hebron Agreement," Ha'aretz, 3 April 2001. See also "Israeli Critically Wounded by Stone in Samaria," Ha'aretz, 28 March 2001; "Extremist Right Activist in Samaria Involved in Riots in the City," Ha'aretz, 3 April 2001. ∑ The brigade commander is sovereign in the them the homes of the Abu Miale, Abu area and therefore has the duty to protect 'Akar, Sharbati, and al-Khatib families, and the lives and property of the Palestinians the al-Qazazin mosque. there. By placing blame for the riots on the Then there was a period of quiet, but around settler leadership in Hebron, who showed ten-thirty, the settlers again attacked the "compassion" toward the rioters, he seeks neighborhood. At three-thirty in the morning, to evade his responsibility for the acts of the disturbances started again. The settlers the settlers and to justify the army's failure torched the offices of the Wakf, which were to protect the Palestinians. located near the Avraham Avinu settlement. In August 2001, some five months after I summoned the fire brigade, but the soldiers these incidents and although they know did not allow them to enter the area until the identity of the rioters, the police have ten in the morning. Because of the curfew, yet to complete their investigation. The I am unable to estimate the amount of police department's SHAI [Judea and Samaria] damage caused by the fire. At 5:40 A.M., District informed B'Tselem that it had opened the army removed the settlers from the investigation files and that the "events were outskirts of the neighborhood. 25 still being investigated." The next day (27 March), many residents called our office to report that the settlers Testimony of Nadal Farid Hamidan al- had damaged the old city in Area H2. They 'Awiwi, 32, married with five children, reported three fires near the offices of the Hebron Municipality inspector, resident urban renewal committee. Following the of the area near the Hebron vegetable 26 reports, we called the fire brigade and they market arrived three or four hours later. At two in Before the current intifada broke out, I the afternoon, around a hundred settlers worked as a municipal inspector with attempted to break into the Abu Sneineh responsibility for business licensing and neighborhood, but hundreds of soldiers enforcement of municipal laws. My work and police stopped them and turned them changed when the intifada started. Now I back. provide assistance to people during the At around 4:30 P.M., settlers broke into curfews, such as carrying food and going shops that had been closed since the massacre with people to the doctor, preventing abuse in the Cave of the Patriarchs. They hooked of residents by settlers and soldiers and up the electricity in the shops and put beds reporting such incidents to the relevant inside. They destroyed the wall separating authorities, and fire fighting. When there the vegetable market and the al-Qial vegetable are emergencies, I work twenty-four hours garden, which contains a number of shops. a day. They torched a bakery belonging to the Shweiki family, and several shops and On Monday night (26 March), I was on the warehouses. I saw smoke rising from several roof of my house observing the area. Around places in the area, and I again called the eight o'clock, more than a hundred settlers fire brigade. entered Area H1 in Abu Sneineh [under Palestinian control] and threw burning Today (28 March), the settlers continued objects at homes and vehicles. They also on their rampage and torched six shops on abused residents of Area H2 [under Israeli Sahaleh Street, which leads to the Cave of control] who were under curfew, among the Patriarchs, after breaking through its

25. Letter of 12 August 2001 from Chief Superintendent Uri Weiskopf, head of the Investigations Division, SHAI District. 26. The testimony was given to Musa Abu Hashhash on 28 March 2001. ∏ doors. The fire brigade went there twice. workshop is near the courtyard of the I saw settlers throwing burning objects at Avraham Avinu settlement. the firefighters while they were performing their duties. The press reported that, as a On Tuesday night (27 March), I heard a result, one fireman was injured. In the media report that the area of the al-Qial course of my contact with the fire brigade's vegetable garden, where my workshop is headquarters, I heard that settlers were located, had been torched. I saw my shop harassing the firemen every time they reached go up in flames. I went to the Border Police the area. post near Kiryat Arba and reported the incident and the damage to my shop. I While I was observing the area, two funeral accompanied them to the area and saw that processions passed by, one before afternoon the workshop had burned down completely. prayers and the other in the afternoon. At the first funeral, I saw settlers throw stones Two policemen and I drove there in a police at people participating in the funeral. The vehicle. 'Azmi Qassem Abu Miale, owner soldiers asked the funeral participants to of a nearby carpentry shop, was also in the leave the area and only let a small number vehicle. His shop was completely burned, of people bury the man. including the ceiling and walls. When we I have recently seen many settlers prowling arrived, a group of ten to fifteen settlers of around Area H2, many more than usual. various ages were there. They torched my Settlers from other settlements apparently workshop. More than fifty soldiers as well came to the area. There are lots of soldiers, as policemen were present but they did Border Police, and regular police. I also saw nothing. We asked them to stop the settlers, four tanks moving about the area. but they claimed that, to prevent the situation from getting worse, it was better not to Testimony of 'Alyan 'Abd al-Rauf 'Ali, interfere. The police requested that we go 60, married with five children, owner to the police post near the Cave of the of a metalwork shop, resident of Patriarchs. Hebron27 On noon Thursday (29 March), we arrived My father established the metalwork shop at the police post, but the police refused more than forty years ago. I make plowing to talk with us and asked us to go back to devices, hammers, and chisels in the the Border Police post near Kiryat Arba. workshop, which is built from sheets of tin We drove there the same day, but the that extend over an area of forty square policemen told us to go home. They said meters. I work alone and make around NIS that they would contact us if necessary. 2,000 - 2,500 a month. My income fell since the intifada started. Because of the prolonged The walls and ceiling of my workshop totally curfew, I do almost no work. Even when collapsed. There was also damage to the I open the shop during curfew, I am unable electrical system and machines. The initial to work for more than a few hours. My estimate of the damage amounted to NIS customers are afraid to come to the shop 100,000. Many other businesses and shops out of fear of settler attacks, because the in the area were also destroyed.

27. The testimony was given to Musa Abu Hashhash on 3 April 2001. π 2. Sinjil Village, Ramallah District, platforms of concrete blocks, damaged lots May 2001: Burning of property in of equipment, broke about ten thousand retaliation for a shooting that slightly blocks, burned grain that was intended for wounded a settler the sheep, and damaged my car. The settlers threw stones at the rear part On 13 May 2001, a resident of the Ma'aleh of the house, which faces the factory, and Levona settlement was lightly wounded by broke the windows and doors. My family Palestinian gunfire while driving on a road and I stayed in the house and did nothing. near Turmus Ayya. In response, hundreds I called the DCO [District Coordinating of settlers came to the area, burned a factory Office] in Ramallah, and they sent a fire- that makes concrete blocks, and damaged brigade vehicle and Red Crescent ambulance, other property. even though nobody had been injured. The stone throwing continued for around fifteen Testimony of Muhammad Raid Khalil minutes. The soldiers who were present Dar Khalil, 43, married with six children, watched the settlers and did not respond. resident of Sinjil Village28 The army imposed a curfew on the On 14 May, at around 7:30 P.M., I was at neighborhood. They probably wanted to home with my family after a day of work prevent the village residents from coming at the block-manufacturing factory that I to the site. After the settlers finished, they own. I did not see anything unusual going left, accompanied by the soldiers, and the on in the area, but I heard that something curfew was lifted. Residents came to the had happened, I though it was a case of scene to see what happened. My house was gunfire at the Sinjil junction, which is full of stones thrown by the settlers, so my located two or three kilometers from my family and I had to sleep at our neighbor's home. I did not know if the gunfire had house. It took the fire brigade two hours been aimed at soldiers or settlers, or if to bring the fire in the factory under control. someone was hurt. In any event, our area A container of fuel also went up in flames, was quiet. which created a potential danger. While we were watching television, I heard a loud noise outside. I looked out the window 3. Luban a-Sharqiya and a-Samiya, and saw forty settlers breaking everything Nablus District, 6 June 2001: Rioting, they could find in my factory. I intended shooting, and damaging property to go outside through the entrance to the in retaliation for critical wounds house, but the dozens of soldiers in the suffered by an infant who died a yard did not let me. They also stood at the few days later entrance of the house to prevent settlers from entering. On 5 June 2001, at 9:30 P.M., Yehuda My wife, my six children, and I remained Shoham, a six-month-old infant who lived in the house. I looked out the window and in Shilo, was critically wounded by stones saw what the settlers were doing. The soldiers thrown by Palestinians at a car in which did not try to prevent them from breaking he was traveling near the Shilo junction. and burning the cement-block factory. The The infant died a few days later, on 12 June. settlers turned on the forklift and the tractor The morning after the incident occurred, that were in the factory, got into them, and settlers went to Luban a-Sharqiya and a- started to destroy the factory. They burned Sawiya, two villages adjacent to the Shilo a truck and crane, burned two hundred settlement. At the time, residents of a-Sawiya

28. The testimony was given to Raslan Mahagna on 3 September 2001. ±∞ were under curfew. The settlers burned to my house on the main Nablus-Ramallah farmland, a hothouse, a carpentry shop, road. There were four soldiers inside. At and a school, and shattered windows of eight o'clock or so, some 500 settlers were houses. They also fired shots at residents gathered alongside the road. Their cars of Luban a-Sharqiya. were on the road, one after the other, and Israeli security forces were present throughout there were five buses full of settlers. At the events but did not prevent the violence. eight-thirty, around 300 settlers attacked In fact, they prevented Palestinians from my house. I put the children in one of the defending themselves, and even joined the rooms and closed it well. I looked out the settlers in their violence. Testimonies given window and saw the settlers dislodge the to B'Tselem indicate that the soldiers also door of the carpentry shop and storm inside. prohibited fire engines and ambulances They burned all the wood in the shop, broke from reaching the scene. the machines and took all the light tools. In addition, they cut open five sacks of The events were broadcast the same day wheat and spilled out eight containers of on television in Israel and throughout the olive oil. world. Ha'aretz reported that sources from the police's SHAI District stated that police While that was going on, other settlers documented the events on video and shattered the windows of my house and promised that those involved would be uprooted the trees outside. Some of the prosecuted to the full extent of the law.29 settlers went onto the roof, set up a tent, Close to two months after the incidents and sat inside it. All were armed with M- occurred, however, only one indictment 16 rifles. They threw stones and objects at has been filed and the investigation us. My small children cried out in fear. We continues.30 heard the settlers outside shouting "Death to Arabs" and "This is the ." Testimony of Miflah 'Abd al-Karim Then they tried to break the steel door of Ahmad Ahmad, 42, married with thirteen the house. After striking the door with large children, carpenter, resident of a- rocks for ten minutes, they opened the door Sawiya31 and entered the kitchen and other rooms of the house. The children and I were in On Tuesday (5 June 2001), around 11:00 a room whose door was made of strong P.M., Israeli army vehicles entered the steel. They couldn't open the door. I installed village. Six soldiers took me from my home, this door specifically because of the events saying that a settler's child had been injured and because our house is on the main road. in the area, and asked me if I had heard I heard gunshots in the background. I was any gunfire. I answered that I didn't hear later informed that soldiers shot at residents anything. The soldiers began to argue about of the village who began to gather around where the child had been attacked. Then the house to help us. a settler arrived in a car with a broken window. He said that he would take them About two hours later, some twenty Israeli to the site of the incident. They left me and soldiers who had been on the main road placed a curfew on the village. came and prevented the settlers from breaking down the door of the room. Until then, the At six o'clock the next morning, I went to soldiers had not done anything to stop the pray. An army vehicle was standing next settlers.

29. "Settlers Riot in Two Palestinian Villages," Ha'aretz, 7 June 2001. 30. Letter of 30 July 2001 to B'Tselem from Chief Superintendent Uri Weiskopf, head of the Investigations Division, SHAI District. 31. The testimony was given to Hashem Abu Hassan on 22 July 2001. ±± One of the soldiers saw a gas canister lying Sharqiya. Some went toward the valley and next to the burned boards of wood in the scattered themselves among the stacks of carpentry shop. He went up to the settlers wheat that the farmers had harvested, which and asked them to leave before it exploded. the residents would grind and use to make They left and the whole carpentry shop bread. The settlers brought tires, burned went up in a blaze. them, and threw the burning tires at the wheat piles. The stacks of wheat were spread We did not know what to do. My wife and out over a large area of land. children cried out when they heard the rocks being thrown at the house and at the Other village residents and I left our homes steel door. They were startled by the settlers' to see what was happening. There were voices shouting at us to leave the house. around seventy Israeli soldiers and two The settlers left and, at 5:00 P.M., I went police vehicles, but the soldiers and police outside after making sure that the settlers stood on the side and did nothing to prevent had gone away. They destroyed around the settlers from burning the fields. sixty-five olive, lemon, and prune trees that The settlers burned more than fifty stacks surrounded the house, as well as the of wheat, each of them containing about vineyards. The settlers on the roof left, and ten sacks of seventy kilograms each. The Israeli soldiers remained there. The settlers area encompassed around 150 dunam [four also did not spare the rabbits. They took dunam= one acre] that belong to five families the rabbits, which I raised on the roof, threw containing an average of ten persons per them aside and destroyed the cages in which family. I raised them. Later, the soldiers went to another house, located near the girls school One of the residents tried to protect his that is 200 meters from my house. The field, but the soldiers made a partition house has three large rooms and the army between the residents and the settlers and still controls it. did not let him approach. The soldiers were only there to protect the settlers. Some of Two hours later, the soldiers came to get the settlers stood on the road and shattered us to leave. They said that a vehicle would windows of the houses located alongside come to take us into the village. I refused, the road. About forty to fifty settlers started and said that I have no other place to live. toward the Palestinian gas station around After two days passed, the Israeli police half a kilometer from the village. Residents, summoned me to give a statement at Beit including my son Salah, 22, and myself, El. I went there and gave a statement to an followed them to the gas station. Around officer named Zion, who was in civilian twenty meters away from us were settlers dress. I retained a lawyer who is going to and soldiers were behind them. My son file a claim on my behalf. was about ten meters from me when one My children suffer from very severe emotional of the settlers shot him in the lower abdomen. distress. They wet their beds at night and I did not see the soldiers doing anything have nightmares. They are scared whenever to prevent the settlers from firing or they see a settler pass the house. continuing to riot.

Testimony of Muhammad 'Otman 'Awis, I do not know which settler fired. My son 51, married with six children, retired said that he can identify him. I took my teacher, resident of Luban a-Sharqiya32 son by car to the hospital in Nablus, where he underwent surgery. He still suffers from On Wednesday (6 June), around 8:30 A.M., the wound, his leg still is not functioning some 200 to 300 settlers came to Luban a- properly, and he is unable to work.

32. The testimony was given to Hashem Abu Hassan on 25 July 2001. ±≤ I was informed that the Palestinian area, which was full of olive and almond confrontations with the soldiers and settlers trees, and burned the trees on both sides continued. Only at two o'clock in the of the road, east of the settlement. afternoon were the village residents allowed Two army vehicles, containing around ten to enter their fields to extinguish the fires. soldiers, were parked near the settlers. When the settlers saw us approach, they 4. Northern West Bank, 18 June said: "It's an Arab. It's an Arab." They 2001: Rioting in retaliation for the descended the hill and threw stones at us. killing of a settler and for other They approached in their vehicles and threw large rocks that struck the fire engine. The shooting incidents rocks did not cause great damage. I On 18 June 2001, Danny Yehuda, a resident immediately turned around in the middle of , was killed by Palestinian gunfire of the road, and returned to the Tiba junction while he drove on the Samaria-Homesh and entered . Again I contacted road. The same day, there were several other the Israeli DCO to get them to let us return cases of shootings at settler vehicles in the to the area, because I saw that the soldiers same area. That afternoon, settlers went to weren't stopping the settlers or preventing the main Nablus -Tulkarm road, burned them from throwing rocks at us. Maybe trees, and threw stones at a fire engine that after I left they tried to stop them. I don't had arrived at the scene.33 know, because I hurried back to Tulkarm. About thirty minutes after I spoke with the Testimony of Fuaz Khader Qassem Israeli DCO, an army vehicle came and Yunes, 34, married with six children, accompanied us to the fire. As we passed fire-brigade driver, resident of Tulkarm34 the settlement, many settler vehicles were leaving for the funeral of the On Monday, 18 June, around 12:30 P.M., settler who had been killed that same day. we received a call from the Palestinian DCO When they saw our fire engine, they began that settlers were burning olive trees. The to shout: "It's an Arab, it's an Arab." Some incident occurred near the bypass road, in of them aimed their weapons at us from the area east of the settlement up to inside the vehicles that were in the procession. the Beit Lid junction on the main Nablus- They did not fire. They only wanted to Tulkarm road. I drove to the location with frighten us. We continued along the bypass firefighters Muhammad Tayeh and Iyad road accompanied by the army vehicle and Jusy. We drove via Iktaba, Bal'a, and '. again reached the site where the settler had When we reached the Ramin junction, it been killed. There were around thirty people was blocked, so we drove back toward under the thatched covering. They stood Tulkarm. We contacted the Israeli DCO, along the right side of the road, and began but they did not send us an army vehicle to throw rocks at us when they saw the fire to accompany us. We drove along the bypass engine approach. I moved into the farthest road near the Tiba checkpoint, in the direction left-hand lane and picked up speed. The of Einav. When we neared the site where rocks struck the back of the fire engine, a settler had been killed earlier in the day, but did not injure us. I saw a large number of settlers gathering along the bypass road. They put up a thatched The army vehicle continued to accompany covering on the hill near the road and about us, and the officer told me by radio transmitter a hundred of them scattered around the that he requested the soldiers near the tent

33. The press reported other settler violence that occurred in the area at the same time. See "The Israeli Youth Played Dead," Ha'aretz, 19 June 2001. 34. The testimony was given to Hashem Abu Hassan on 30 July 2001. ±≥ to prevent the settlers from throwing stones. resident of Kiryat Arba, who died the They couldn't prevent the stone throwing following day, and David Cohen, a resident because there were only two vehicles with of Betar Illit, who died two days later. ten soldiers. The soldiers in the vehicle Immediately after the shooting, settlers accompanying us did not get out. We stopped began to attack Palestinian residents of about 300 meters down the road. I went Hebron and their property. Rafiq Muhammad to the officer and said, "You saw that the D'ana, a resident of Wadi Hazin, Hebron, settlers threw stones at us. Maybe they'll told B'Tselem that: come while we are putting out the fire." On Thursday [12 July 2001], two settlers He said that Israeli soldiers would arrive were wounded at the gate into Kiryat immediately to prevent them from doing Arba and the settlers began to riot. The that. They put up a roadblock east of Einav next day, around 11:30 A.M., hundreds to prevent the settlers from approaching of demonstrators attacked Palestinian while the fire was being extinguished. houses, mine included, and threw stones Muhammad and Iyad got out of the fire at windows, fences, and yards. The engine and began to extinguish the fires windows of my house and car were raging on the hills and alongside the road. broken. The settlers also tried to break Residents from Beit Lid, Ramin, and nearby through the fence that surrounds the villages were there, and they helped us put house. They seemed to be holding out the fires. We were unable to extinguish containers of flammable materials.35 fires on the shoulders of the road because For several days, settlers continued to attack settlers were still there. An Israeli fire engine local Palestinians. They fired weapons and was there but did not help in putting out threw stones at residents, burned farmland, the fires. It stayed in the same spot from damaged vehicles, and committed other the time that we arrived until we finished, acts of vandalism.36 around 5:30 P.M. Testimony of 'Abd Al-Qarim Ibrahim When we finished, we decided to go back 'Abd Al-Haq al-Abari, 43, married with to Tulkarm. The soldiers ordered us to wait fourteen children, metalworker, resident until another army vehicle came to protect of the al-Jabri neighborhood of Hebron37 us from the settlers on the way back. The vehicle arrived and we drove toward Tulkarm. I live with my wife and fourteen children We quickly passed the area of the thatched in our new, four-year-old house. It is located covering, and the settlers threw a hail of only fifteen meters from the barbed wire stones at us. The soldiers near the covering fence surrounding the Kiryat Arba settlement. tried to prevent them, but failed. One of the On July 12, after settlers from Kiryat Arba army vehicles accompanied us to the Ma'on junction, from which we entered Tulkarm. were wounded, the settlers began to attack our house non-stop. Hundreds of settlers came at ten o'clock at night and began to 5. Hebron, July 2001: Rioting and dislodge the shutters and tiles around the property damage in retaliation for house, break trees, and burn the ground. the killing of two settlers They tore up the vineyards and put up barbed wire around the fields belonging to On 12 July 2001, two settlers were injured my uncle and me, an area of seventy dunam, in the Hebron area: Yehezkel Mualem, a so that they could have control over them.

35. The testimony was given to Musa Abu Hashhash on 24 July 2001. 36. See "Settlers Attacked Palestinians, Damaged Property and Burned Fields," Ha'aretz, 13 July 2001; "On the Brink of the Chaos," Ma'ariv, 13 July 2001; "Settlers Take Control of House in Casbah of Hebron, and Removed Several Houses Later," Ha'aretz, 16 July 2001. 37. The testimony was given to Musa Abu Hashhash on 16 July 2001. ±¥ On Saturday [14 July], at 3:15 a.m., while In retaliation, settlers went several times my children were sleeping, I heard voices to Khirbet Shufa, which lies near the road, outside the house. I looked out a window and damaged property of the residents. and saw around forty settlers, most of them young, standing around the house. Some Testimony of Saber 'Abd al-Qader of them had rested two ladders against the Mahmud Hemed, 35. married with three house and began to climb up to get onto children, farmer, resident of Khirbet the roof. Six of them came into the house. Shufa38 In defense, I grabbed a sword, which I had made in my metal workshop, to frighten I am married and have three children, the them. They had knives and bottles full of oldest seven and the youngest three. I live petrol. I think that they wanted to burn the in Khirbet Shufa, which is in the Tulkarm house. The others in my family who had District. The village has 1,200 residents, awoke and I yelled, "Allah akhbar" and our most of whom make a living by farming. neighbors called the police. After about There is an Israeli army base near the village. thirty minutes, during which the settlers Around two kilometers away is the Avnei tried to break into the house via the steps Hefetz settlement, and four kilometers east and I continued waving my sword at them, of the village is the Einav settlement. Our four soldiers and two policemen arrived. house is about 200 meters from the bypass They removed the settlers with force, pushing road, which is used by the settlers from the them and forcing them to go down the area and from the Nablus area. I have been steps. Over the two days that followed, farming for ten years, and it is my only settlers continued to throw stones at the source of income. I have nine hothouses house from a distance, and hundreds of that I built on my land around fifty meters stones landed on the roof and alongside from the bypass road. My brothers also the house. make a living from working this plot of land. I have not yet filed a complaint because, since Thursday, there has been a curfew on On Sunday [15 July], around eight in the the area where I live. I do not think that evening, some one hundred settlers tore filing a complaint will help. Despite this, the plastic covering of the hothouses and my uncles, my brothers, and I got together began to destroy the produce. I was at home and decided to file a complaint with the with some of my brothers. We went to the police when the curfew is lifted. We will settlers and shouted to them to leave and complain that the settlers trespassed and stop what they were doing. They were armed took control of our land and damaged our and threatened us with weapons, saying houses. If the judge himself is your enemy, that if we didn't move back, they would to whom can you complain? fire at us. We went back to the house and notified the Palestinian DCO about what 6. 'Izbat Shufa, Tulkarm District, was happening. The settlers continued to damage the hothouses for around four 15-17 July 2001: Torching and hours, until the Israeli army came and destruction of property following removed them. shootings at settlers The next day, at 8:00 P.M., around a hundred On 15 and 16 July, there were three incidents settlers returned. They had chairs and tables of shooting at settlers' vehicles travelling and set them up near the hothouses. Some on the road between Einav and Avnei Hefetz. of them sat down and the others poured

38. The testimony was given to Raslan Mahagna on 8 September 2001. ±µ petrol on the vegetables and damaged the They added that they believed us when we hothouses. Three dunam of tomato plants said that nobody had shot at the vehicle. were totally destroyed. They also damaged Our loss is estimated at NIS 50,000. the irrigation pipes and the main water pipe, which is 200 meters long. The settlers were armed. They sang and shouted all the 7. Hebron, 9 August 2001: Acts of time. We were afraid to approach the area, violence following the attack on and we called the Palestinian DCO. After the Sbarro Restaurant in Jerusalem four hours or so, the army arrived. This in which fifteen Israeli civilians time, the army did not remove the settlers were killed from the area. The settlers remained on the road and prayed. Only in the early morning On 9 August 2001, a suicide bomber attacked hours did they leave. the Sbarro Restaurant in Jerusalem, killing The following day [17 July], at three in the fifteen Israeli civilians. Testimonies given morning, three settlers came in a white to B'Tselem indicate that, immediately after Volkswagen commercial vehicle. They the attack was reported, several Palestinians burned the hothouses containing cucumber were attacked in Hebron. plants that spread over an area of three dunams, and damaged the irrigation system. Testimony of Fadel Muhammad Jaril I called my neighbors and family. We gathered Abu Miale, 47, married (two wives and around sixty people from the village, and ten children), bakery employee, resident at 3:30 A.M., we went to the hothouses and of the Old City, Hebron39 shouted at the settlers and threw stones at them. The three settlers saw us and began I live with my wife and ten children in an to flee. Two of them ran toward the bypass old house with several rooms. My entire road, and the third remained and was family lives in only two rooms. The other apparently looking for the keys to the vehicle, rooms await approval of the Israeli authorities, which he couldn't find. The two settlers which have prevented the Palestinian Old shouted: "Ya'akov, Ya'akov, get out," and City Urban Renewal Committee from he fled before we got there. We recognized renovating the house. The reason is that him and his vehicle because he lives in the house lies near the Avraham Avinu Avnei Hefetz. After five minutes had passed, settlement. Our kitchen is not complete four army jeeps arrived with the three and does not have a door. The same is true settlers. The soldiers asked us who fired at of the bathroom. Opposite our house, at the vehicle that was parked there. We a lower elevation, is an Israeli army post, explained that nobody fired, and that the which is positioned on the roof of the Bader settlers were trying to disguise the fact that family's house. The house is empty, and they were there to torch the hothouses. the settlers can enter its rooms from which they can observe one of our two rooms. In the meantime, the fire in the hothouses The street is narrow, with some 2.5 meters continued. The soldiers took out a fire separating us from the Bader house. extinguisher to put out the blaze. But this was unsuccessful, and the fire continued On Thursday (9 August] at 4:50 P.M., my until it devoured the nine hothouses. More wife, 'Aida Abu Miale, was sitting in the soldiers arrived, and they told us to go back room looking out over the road. She is forty to our homes. The soldiers said that they years old and gave birth to a girl, Shirin, would question the settlers about the incident. on 24 July 2001. The family was around

39. The testimony was given to Musa Abu Hashhash on 21 August 2001. ±∂ and one of the neighbors came to visit I think that the settlers threw a burning because of Shirin's birth. Shortly before she object into the room from the Bader house, arrived, we heard about the suicide bombing because the windows face each other. That at the restaurant in Jerusalem. Suddenly, same night, after the neighbors had succeeded large stones began to be thrown onto the in putting out the blaze, my wife Faiza went road from the roof of the Bader house, where with our neighbor 'Abd al-Halim Abu 'Arfe, soldiers were standing. My second wife, to the Kiryat Arba police station. The police Faiza, 45, saw a sixteen or seventeen-year- listened to her and then four policemen old settler dressed in a blue shirt throw along with four soldiers came to the site large stones that he had gathered from the and took pictures of the house and what demolished fence on the roof. My son Sultan, was left after the fire. Two days later, who is sixteen, saw another settler, around policemen returned and examined the sixteen years old, stand at the same place house. and throw stones at the house. Sultan told The army imposed a curfew on the area me that he recognized the settler, and that throughout the night. On Friday, it was he had seen him in the area more than once. lifted for a few hours. As a result of the The throwing of stones at our house and curfew, I was fired from my job. the street continued for more than two **** hours. While it was going on, I left the Abd al-Halim 'Abd al-Fatah Gh'afre, a medic house and went to a-Sahaleh Street, which for the Palestinian Red Crescent in Hebron, is around a hundred meters from the house, told B'Tselem about another incident that to tell the soldiers there about what was occurred the same day: taking place. I told three soldiers that I saw that settlers were throwing stones at us. On Thursday [9 August] at 4:25 P.M., They went toward the house and saw what I received a call to transport an injured was happening. One of the soldiers spoke individual. We drove toward Beit into a radio transmitter. They left without Hadassah. A few meters before getting trying to get the settlers to stop throwing there, we came across a white GMC the stones. Near the entrance to the Avraham vehicle that was blocking the road. The Avinu neighborhood, I saw a police vehicle driver was inside. Amjad, the ambulance with a policeman inside. I told him what driver, honked for him to move so that the settlers were doing, and he advised me we could pass, but the Israeli driver to go to the police station near Kiryat Arba. didn't hear. Another vehicle, a black Then I went home. When I got there, I was GMC, came and stopped on the right- amazed to see that my house was in flames. hand side of the ambulance and partially Lots of my neighbors were there and they blocked it from the rear. had succeeded in putting out most of the At the same time, about five to seven fire with water and fire extinguishers. I guys who were fifteen to twenty years went into the house and saw that the room old came out of Beit Hadassah and threw facing the road, where my wife who had stones at the ambulance. The stones recently given birth was sitting, was shattered the front windshield and the completely burned, together with the side window, and struck the body of the furniture, mattresses, cabinet, television, ambulance. Three soldiers were standing and table. nearby. We asked them to help us, but My daughter Howida, 18, was injured in they mocked us and stayed where they the head by a stone. She was taken to 'Aliyah were. After a few minutes, Amjad was Hospital, where she was treated and barely able to back up and get away discharged the same day. from the area.40

40. The testimony was given to Musa Abu Hashhash on 11 August 2001. ±∑ 8. Near Burin, 17 September 2001: A settler carrying a large rock came towards Attack on truck following the me and threw the rock at me. I blocked it assassination of Rehavam Ze'evi and it fell on the ground. Then, another settler, who was short and fat, appeared. Following the assassination of Rehavam He, too, was carrying a large rock, and he Ze'evi on the morning of 17 October 2001, threw it at me. I threw a rock at him. It hit two truck drivers travelling to Burin were him, and he cried out in pain. It was around attacked near . 1:30 in the afternoon. I'm not exactly sure, because my watch, ID card and vehicle Testimony of Mo'adh 'Abd al-Mu'in documents were scattered inside the truck. Wassef Musmar, 23, married with a I heard a loud sound coming through a child, truck driver, resident of Nablus41 megaphone from far away. I could only recognize the word "jeep". Four of the On Wednesday [October 17, 2001], at noon, settlers got into a two-door, silver Opel I was standing in line at the Hawara Kadette that was parked there. The fifth checkpoint, at the east entrance to Nablus. settler got into the car through the window, I was coming back from Jericho in a seventy- as they were trying to make a quick getaway. ton semi-trailer. It was loaded with thirty- They drove toward the settlement. I went eight tons of steel belonging to the a-Nahadha to my truck and realized I would not be firm in Nablus. When I got to the checkpoint able to put out the fire. I turned the engine itself after an hour of waiting, the soldiers off and started to run toward Burin. ordered me to go back. I turned around and my friend Jamal Darwazeh, who was Testimony of Jamal Munir Fathalla driving another semi-trailer, did the same. Darwazeh, 45, married with two children, He was ahead of me in the line. truck driver, resident of Nablus District42

I drove behind Jamal to the Burin village, On Wednesday [17 October 17], at 4:00 which is near the checkpoint, and we turned A.M., I left Nablus for Jericho in a twenty- onto a bypass road running in front of the five-ton semi-trailer. On my way back, at entrance to Yitzhar. I was driving uphill. about noon, I got to the Hawara checkpoint About two hundred meters before the at the east entrance to Nablus. I waited for settlement, I saw about ten settlers throwing about an hour, and when it came time for large stones at Jamal's vehicle. Other settlers me to pass, the soldiers did not let me. I were standing near the entrance to the decided to go via Burin, which was nearby. settlement. I was very frightened. I backed My friend Mo'adh Musmar followed me in up in an attempt to escape, and I couldn't his semi-trailer. see Jamal's truck. I saw five settlers rushing at me. I remember what they look like and I drove along a bypass road that runs in can identify them. They poured liquid on front of the Yitzhar settlement. I was ascending the front of my truck. They also poured for about 1,500 meters. About 150 meters liquid inside the truck, through the open before the entrance to the settlement, I window. One of the settlers threw a burning noticed a 1983 or 1984, two-door, silver object inside and it started a fire. I felt the Opel Kadette. The hood was up, and a settler fire spreading toward me, but I managed wearing a skullcap, blue T-shirt and jeans to open the door quickly and get out of the was standing in front of the car. He looked vehicle. about twenty-four years old. When I

41. The testimony was given to Sabia 'Abd al-Hadi on 21 October 2001. 42. The testimony was given to Sabia 'Abd al-Hadi on 21 October 2001. ±∏ approached the settlement's entrance, the The front of the truck was completely settler put the hood down. Suddenly, fifteen destroyed. People from Burin took me out settlers who had been hiding in an open of the truck and undressed me to see if the ditch by the roadside appeared. They came shots had injured me. They poured water toward me and started to throw large rocks on me to help me regain consciousness. at the semi-trailer. I kept driving, but could They said they saw the settlers shooting at not go any faster than 30 kilometers an me and that they saw the truck rolling down hour because the truck, including the load, the hill. They called the Palestinian police weighed sixty tons. and an ambulance, but the ambulance never The settlers were wearing bulky white shirts showed up. and skullcaps. They were thirty meters There was an Israeli military vehicle near away from me and continued to throw the bypass road. An Israeli officer named rocks. I tried to protect myself by leaning Avi was inside. He couldn't believe that I onto the seat next to me. The settlers started was the driver who had fallen down the shooting at me. I laid flat on the seat. mountain, because he saw the severe accident I heard the sounds of the bullets hitting himself. He was moved and told me I was the semi-trailer. I felt the truck rolling, but close to God. He gave me his telephone I did not really understand what was going number so I could call him to give testimony on. I felt the vehicle hitting the ground as to what had happened. hard time after time. I tried to get up, but A police car took me to the police station my head was below the seat and my legs in Ariel, where I gave testimony. I told the were on top. I tried to lift my head again, police officers what had happened to me and found myself on the back seat as a and about the soldier who would testify on result of the severe blows to the vehicle. my behalf. I am not sure whether I gave I realized something serious had happened, them his telephone number. The police but I didn't quite understand what was officer gave me a document indicating I going on around me. Then I lost had filed a complaint. consciousness. When I came to, I found I still feel pain all over my body, but it is myself lying on the main street in Burin. not very severe. The bullet holes and the I later found out that the truck had veered severe blows my truck received rolling off the road and rolled down the mountain. down the hill destroyed it completely.

±π Failure of Law Enforcement

For years, Israeli officials have severely for law enforcement in the Israeli criticized the bodies charged with law communities, and in incidents in which enforcement in the Occupied Territories. there is information that enables advance As far back as 1981, a committee headed preparations. The IDF is responsible for by Deputy Attorney General Yehudit Karp handling incidents outside the Israeli was appointed to examine the police's communities and incidents in which soldiers handling of offenses committed by settlers. are the first to arrive at the scene.47 The committee found serious flaws in law Testimonies given to B'Tselem indicate that enforcement and called upon the police to these procedures are almost never find an urgent solution to the problem to implemented. The near complete disregard prevent deterioration of the situation and for the procedures is especially apparent a weakening of the rule of law.43 In 1994, in the acts of revenge described in this following the massacre in the Cave of the report. Patriarchs by a settler, a state commission of inquiry, headed by the President of the Supreme Court, Meir Shamgar, was appointed. Preparation The Shamgar Commission also criticized the law enforcement on settlers, placing In the chapter titled "Intelligence and blame on both the police and the army.44 Situation Evaluation," the procedures state Following publication of the report, the that the police and the army are to maintain SHAI [Judea and Samaria] District of the ongoing evaluation, both permanent and Israel Police Force was established, and the temporary, regarding anticipated violent attorney general at the time, Micha'el Ben events. The procedures provide that, "For Yair, established orderly procedures for law this purpose, the officials will consider the enforcement in the Occupied Territories.45 nature of the incident, its scope, the potential involvement of non-Israelis, the existence In 1998, Attorney General Elyakim Rubinstein of danger to life or property, the risk of revised the procedures. In response to potential escalation, and the like."48 criticism of the procedures by various sources, Rubinstein stated that they are The procedures also discuss measures to necessary to solve the continuing serious be taken in such cases. A chapter in the problem of insufficient law enforcement in detailed appendix explicitly mentions the Occupied Territories.46 The procedures "preparatory action for an incident regarding provide, in part, that the police are responsible law enforcement, about which there is prior

43. Investigation of Suspicions against Israelis in Judea and Samaria - Monitoring Committee Report, 1982. 44. Report of the Commission in the Matter of the Massacre in the Cave of the Patriarchs, in Hebron, Jerusalem 1994. 45. For details, see Tacit Consent, pp. 25-27. 46. "At Meeting with YESHA Council Rubinstein Refuses to Cancel Law Enforcement Procedures for the Occupied Territories," Ha'aretz, 5 May 1998. 47. Procedure for Law Enforcement and Order Regarding Israeli Offenders in Judea and Samaria and the Gaza Strip, September 1998). 48. Section 7(b). ≤∞ information."49 The procedures require, IDF soldiers are also obligated to intervene among other things, prior preparation, when settlers attack Palestinians and to setting up a command center, increasing protect those under attack. However, the complement of soldiers, and declaring testimonies presented above and many an area a "closed military area," enabling other testimonies given to B'Tselem indicate the army to prohibit entry and exit. It also that, in many cases, soldiers present during states that, "Where necessary, distant the attacks did nothing to stop them. At observation posts and blockades shall be times, soldiers did not intervene even after placed in the designated area in time to the Palestinians under attack expressly prevent the gathering of additional request assistance. In some cases, the soldiers lawbreakers." even took part in the violence initiated by The incidents described in this report belong the settlers. to a set, recurrent pattern, and the police The procedures reemphasize the duty of and army should expect that an attack on soldiers to protect the Palestinians from settlers would lead to violent acts by settlers settlers. They state that, "IDF commanders against Palestinians. The procedures relate and soldiers in operations in Judea and specifically to incidents of this kind and Samaria and in the Gaza Strip shall be guided state in detail how the security forces are by the provisions of these procedures."50 to prepare. However, as seen from the cases However, the situation in the Occupied presented in this report, the police and Territories indicates that the procedures army do not implement the preparatory are not implemented at all, and the testimonies measures mentioned in the procedures. given to B'Tselem by soldiers who served in the Occupied Territories during the past Response when the incident year show that the soldiers were not provided any instruction about the procedures. In occurs his testimony to B'Tselem, a reserve-duty As noted, the police are responsible for law soldier who served in the Gaza Strip in enforcement on Israeli civilians in the recent months stated: Occupied Territories when there is prior Regarding settlers, we did not receive information about the incident or after any instructions on how to act toward police officers are summoned to the scene. them, not even if they riot and harm The procedures state that the handling of Palestinians. They told us in a general violence by settlers shall include dispersing way that we were also supposed to protect demonstrations, making arrests, moving the Palestinians located in our sector forces, blocking, and protecting. In addition, (residents of al-Mawasi), but I felt that the procedures state that, "The police will they were just going through the motions. be responsible for employing the means to The general atmosphere was not to harm disperse demonstrations, by using means settlers, whatever the circumstances.51 such as fire engines and tear gas. In the A soldier who served in the West Bank absence of police at the location, the IDF described how he understood he should will employ these means." Cases described act when settlers attack Palestinians or in this report clearly show that the police damage their property: have blatantly failed to perform their duty: police officers present in the area do not As a soldier, you are forbidden to do act sufficiently to prevent violent acts and anything. Maybe shout at them and call attacks on Palestinians. the police. That is because they are Israeli

49. Section 10. 50. Section 9(a) of the detailed appendix to the procedures. 51. The name of the witness is on file at B'Tselem. He gave his testimony to Ronen Shnayderman on 19 July 2001. ≤± citizens. They told me that, after a while, are clearly not acting in accordance with they stop because it is ineffective. Until the procedures set by the attorney general. the police arrive, there is nobody to grab.52 The failure is all encompassing, from allowing On 15 July 2001, a discussion was held on large groups of settlers to enter Palestinian the subject of "various law enforcement communities or neighborhoods, when their problems in the region." The participants intention is obvious and openly-stated, to included, among others, the attorney general, settlers being able to freely abuse the residents the OC Central Command, and the and damage their property. In time and commander of the SHAI District of the place, the acts of revenge occurred proximate police. The participants decided to incorporate to the Palestinian attacks, so a large contingent the attorney general's 1998 law enforcement of security forces were present in the area. procedures "in briefings to commanders In some of the locations, such as Hebron and soldiers serving in the region."53 It is and a-Sawiya, the Palestinians were even superfluous to say that the need to issue under curfew, the enforcement of which such a directive indicates that, at the present required a large army presence. Even this time, the procedures have not been fact did not lead to firm action being taken incorporated. against the rioting settlers. The curfew only aided the settlers by enabling them to act An indication of the compassion shown by unimpeded. the IDF to the illegal acts of settlers is its attitude toward the independent armed Investigation patrols periodically operated by settlers in some areas of the West Bank. IDF officials The SHAI District of the Israel Police Force informed B'Tselem that they severely oppose was established to rectify the defects in the patrols and that they are liable to lead police investigations of settlers. The role to Jewish militias in the Occupied Territories.54 of the District Prosecutions Division was In response to a letter from B'Tselem, the defined as management of the prosecution IDF Spokesperson stated that, "The armed procedures for offenses of disturbance of patrols are not operated in cooperation the peace by settlers and land disputes (the with the IDF. The army is acting to stop division later began to handle criminal files the activity." The spokesperson added that of Israelis in the Occupied Territories as the IDF is attempting to stop this illegal well).56 activity "through hasbara [publicity]."55 Examination of the functioning of the SHAI The IDF's preference to cope with the District since its founding does not attest organized, armed activity, which the IDF to an improvement in the handling of itself defines as illegal, by hasbara alone offenses by settlers or the thorough rather than taking significant measures prosecution of lawbreakers. In some cases, against those involved clearly indicates its the district did not open an investigation disregard for the harm that settlers inflict file, claiming that a formal complaint had on Palestinians. not been filed, although, according to law, The testimonies given to B'Tselem in this the police must investigate every case report indicate that the police and army brought to its attention regarding commission

52. The name of the witness is on file at B'Tselem. He gave his testimony to Lior Yavneh on 30 July 2001. 53. See the state's response in HCJ 4647/01, HaMoked: Center for the Defence of the Individual v. Commander of IDF Forces in the West Bank, par. 21. 54. On the subject of armed patrols, see Tacit Consent, pp. 23-24. 55. Letter of 11 July 2001 from the IDF Spokesperson. 56. See State Comptroller, Annual Report 52A (in Hebrew), 23 September 2001, p. 182. ≤≤ of an offense. Investigations have been filed in June 2001 by HaMoked: Center for prolonged, and a large percentage were the Defence of the Individual, the state closed on the grounds of lack of evidence explained that the police encountered many or "offender unknown."57 difficulties during the investigation of cases 59 The State Comptroller's report published of settler violence. The state noted, among in September 2001 sharply criticized the other things, that the police had to cope police's handling of investigation files against with the lack of cooperation by suspects settlers.58 The State Comptroller's and witnesses, difficulties in collecting investigations showed that: information from the scene of the offense, the large number of offenses committed by Seventy-five percent of the investigation Israelis and Palestinians, and the problem files opened against settlers for offenses in collecting testimonies from soldiers who related to disturbance of the peace between are heavily burdened with work. 1998-2000 were closed, primarily due Undoubtedly there are objective difficulties, to lack of evidence and lack of public but every police force in Israel and around interest, and indictments were not filed. the world faces problems like the lack of Ninety percent of the investigation files cooperation of suspects, and they do not opened against settlers between January prevent them from solving crimes. The and October 2000 were later closed. police must act to overcome these difficulties, and the government must allocate additional A prosecutor begins to handle a file personnel and resources when necessary. between six to eighteen months after The State Comptroller, whom it may be the complaint is filed, creating difficulties assumed was aware of the problems that in completing the investigations. the police face, did not believe that these Although a primary reason for establishing difficulties justify the lack of law enforcement the District Prosecutions Division was on violent settlers, and demanded that the the handling of land disputes, since its defects be rectified. establishment in 1995, not one indictment Furthermore, it seems that the difficulties has been filed on this subject. characteristic of an intifada, such as collecting The division lacks basic working tools, evidence or the heavy burden on soldiers such as computers, which severely affects who witnessed the offenses being committed, its activity and, among other things, does not visibly affect the activity of the delays the handling of indictments. authorities and their ability to thoroughly In conclusion, the State Comptroller states prosecute offenders when the suspects are that, "The police and relevant officials Palestinian. This comparison indicates a should respond and act to rectify all the bias. Against Palestinians suspected of defects that were raised on the subject of harming Israelis, the system works with law enforcement." tenacity, at times violating the human rights of suspects. When Israelis are suspected of In the state's response in the petition to the harming Palestinians, the system is High Court of Justice on the matter of the compassionate, and does not exert noticeable failure to enforce the law on violent settlers, effort.60

57. See Tacit Consent, pp. 32-33. 58. Annual Report 52A, pp. 180-196. 59. State's response in HCJ 4647/01, supra, footnote 51, par. 15. 60. For a comparison of statistics on investigations and prosecutions in cases in which Palestinians killed Israelis and cases in which Israelis killed Palestinians, see Tacit Consent, pp. 34-35. ≤≥ Summary at all. I have no means by which I can remove the hooligans from here."62 Major Analysis of the response of the Israeli General Shahar Ayalon, commander of the authorities to settler attacks on Palestinians police force's SHAI District, admitted that, reveals a blatant disregard for Palestinian "Criminal incidents that the police handle lives and property. This disregard is reflected in a few hours in , take a year in not only in the lack of preparation to handle Kiryat Arba and Hebron."63 incidents, the failure to intervene when settlers attack Palestinians, and the incomplete Despite the officials' awareness that the law and feeble investigations, but also in the is not enforced on violent settlers, the state total disregard for the criticism and has not made a serious effort to improve recommendations of state bodies and officials the system and prevent attacks on Palestinians. regarding the law enforcement system. In the July 2001 discussion on law These officials, from the Karp Committee, enforcement in the Occupied Territories, in 1982, to the State Comptroller, in 2001, in which the attorney general, the OC pointed out the flaws in law enforcement Central Command, and the commander of on settlers. SHAI District took part, the officials decided, among other things, to recommend that The officials in charge of law enforcement additional forces be assigned to SHAI on settlers are well aware that the system District.64 is not functioning properly. In response to the conclusions of B'Tselem's report Tacit B'Tselem does not know if this Consent, Minister Ephraim Sneh, who served recommendation was implemented. However, as deputy minister of defense at the time the fact that this discussion was held almost the report was drafted, confirmed that the a year after the intifada began, and after system does not deal harshly enough with hundreds of violent attacks by settlers rioting settlers.61 After settlers rioted in against Palestinians, clearly indicates that Hebron at the end of March 2001, the the officials in charge of law enforcement Hebron Brigade Commander, Colonel Noam do not give significant attention to this Tibon, said that, "The law here has no teeth subject.

61. The comments were made in an interview on "Good Morning, America," Galei Tsahal, 22 March 2001. 62. "Brigade Commander Angry at Police, Settlers, and Hebron Agreement," Ha'aretz, 3 April 2001. 63. "Many in Hebron Think it Necessary to Take Law into Their Own Hands," Ma'ariv, 20 July 2001. 64. See the state's response in HCJ 4647/01, supra, footnote 51, par. 21. ≤¥ Conclusions

During the current intifada, settlers committed Adopting this approach [of sanctioning hundreds of attacks on Palestinians retaliation] is liable to challenge the throughout the Occupied Territories, from foundations of law and order. There is blocking roads to Palestinian traffic to no substitute for the law being imposed shooting and killing Palestinians. The root by those authorized to do it. Implementing of this phenomenon is the failure of Israeli criminal responsibility is the task of the law enforcement bodies - the police and sovereign, and it alone. Expropriating the IDF - to cope with settler violence. the [imposition of] punishment from it This failure is particularly grave when and depositing it in the hands of an considering events of the kind described individual or group of people unauthorized for this purpose is a proven recipe for in this report. The vast majority of these 65 incidents could have been prevented if the anarchy. police and army had been properly prepared B'Tselem urges the Israeli authorities to: and had made any effort to prevent anticipated violence. Even after the settlers began to Undertake advance preparations to attack Palestinians and damage their property, prevent the occurrence of acts of revenge the security forces did not make a serious of the kind described in this report, and effort to stop them. to act immediately to halt such acts, in accordance with the law enforcement The failure of the authorities to respond to procedures drafted by the attorney general. the repeated attacks on Palestinians by settlers attests to the shameful disregard Brief all soldiers serving in the Occupied for Palestinian life and property, and transmits Territories on the provisions of these a message that these acts are legitimate. procedures relating to their duty to defend The settlers participating in the violence Palestinians when settlers attack them. are well aware that no, or no significant, Action should be taken against soldiers measures will be taken against them, and who violate the procedures and against act openly in front of television cameras. commanders who do not implement the The state's policy enables the continued procedures in their units. attacks on innocent people and violates the Act to improve investigations conducted state's duty, as the occupying power, to by the police force's SHAI District. The protect the Palestinian population. police must investigate every suspicion Palestinian attacks on settlers are a flagrant of settler violence against Palestinians violation of international law, and all parties efficiently and without discrimination. must take all legal measures within their Increase the forces assigned to the SHAI power, to prevent harm to civilians. However, District and provide it with a budget such attacks cannot sanction settler revenge that would improve its performance, a attacks on Palestinians. On this point, the necessity warranted, in part, by the Shamgar Commission's comments are findings of the State Comptroller's report. appropriate:

65. Shamgar Commission Report, p. 168. ≤µ Response of the IDF Spokesperson *

Israeli Defense Forces The IDF Spokesperson Public Relations Branch Ben Avi Street code: 63476 Tel/Fax: 972-3-6080339/40 15 October October 2001 2001

B'Tselem - Ms. Korin Dagani Re: Response to B'Tselem's report on settlers' acts of revenge against Palestinians

Dear Ms. Dagani,

Our response to the aforementioned B'Tselem report is as follows: The IDF, together with other security bodies, such as the Border Police and the Israel Police Force, acts to prevent violent conduct by settlers against the Palestinian population. In light of lessons learned from past events, forces in the field are prepared for disturbances by Jews following violent acts taken by Palestinians. The number of forces employed at points where friction between settlers and Palestinians is likely to occur is increased, and even reinforcements from other security bodies are summoned, to prepare for the events and to minimize the possible damage. It should be noted that, where a suspicion exists that soldiers did not prevent violence by settlers against the Palestinian population, an investigation of the circumstances of the case is conducted, and appropriate measures are taken against those responsible. Disciplinary/command handling is among the actions taken. In the event that a serious deviation is found, indictments against the soldiers in military court are also filed. IDF soldiers are trained to protect a person's human dignity and property. The Central Command in particular provides information to the soldiers and emphasizes the subject. It should be noted that the soldiers have been in combat for about a year and some of the cases are a direct result of the violent events in the field.

Sincerely, s/ Lt. Col. Adir Harubey Head, Public Relations Branch * Translated by B'Tselem ≤∂ Response of the Israel Police Force, SHAI District *

SHAI District Headquarters Tel: 02-6279200 Fax: 02-6279239 31 October 2001 To:

Re: Response to B'Tselem's report Free Rein

1. The District provided responses to the events described in the report at the time they [requests for a response] were received, and we continue to stand by these responses. 2. The law enforcement procedure issued by the Attorney General is well known, is studied intensively in every forum at all levels of the District hierarchy, and we comply with them. Regarding the incorporation of the procedure within the IDF, we are not the proper body to respond. 3. The investigation mechanism in the District is constantly being improved and made more efficient and professional. The objective is to uncover the perpetrators of criminal offenses. 4. Regarding the cases of shooting at Palestinians, which is ostensibly attributed to Jews, District Commander Major General Shahar Ayalon greatly enlarged the staff of police officers and investigators handling these incidents and gave the investigations top priority. 5. The order issued by SHAI District headquarters to its units is unequivocal: Upon being informed of the suspected commission of an offense, an investigation is to be opened. This does not mean that the investigation will ultimately lead to the location and prosecution of the suspects. The testimony of a Palestinian complainant who was injured as a result of an offense committed against him is indeed grounds for constructing a body of evidence for presentation in court. Without the testimony of the injured party, it is almost impossible to prove the suspect's guilt. For this reason, such testimony has great evidentiary weight and importance. There is a problem in getting Palestinians from the area to testify in Israeli courts. This problem arises primarily because the Palestinians fear that they will be suspected of collaborating with Israeli authorities. 6. District Coordinating Offices are located throughout Judea and Samaria. The DCOs are intended to house both Palestinian and Israeli officials. Palestinians are supposed to file complaints there in their own language. Unfortunately, since October 2000, the Palestinian DCO officials have not been in the [DCO] offices and the cooperation and coordination has ceased. This has also occurred in many other areas of activity. However, police officials are still present in the offices. The Palestinians realize that they could

* Translated by B'Tselem ≤∑ go directly [to them] and do not have to go to [police] stations in Israeli communities. The charge that Palestinians are supposed to go to police stations located in Israeli communities is completely false. We have always requested that Palestinians at least go to the DCO, where they will be questioned by District investigators. In our opinion and according to our assessment, Palestinian governmental officials prevent the citizens from coming as required. In many instances, we made requests through DCO officials to get Palestinians to appear and to summon witnesses to court. Our requests were not answered. 7. Relevant statistics reflecting the activity of the District are as follows: In 2000, the District handled 356 Palestinian complaints against Israelis for various offenses, in comparison with 324 complaints in 1999. In Samaria, fifty-three percent of the cases were solved, and in the Hebron area, the figure was in excess of seventy percent. This level of success is one of the highest in the Israel Police Force. These statistics testify to the seriousness, resolve, and extreme attention given in the course of the combined efforts expended in investigating the cases. These results were obtained despite the complex and dangerous conditions and without the cooperation of both sides. On the other hand, since October 2000, there has been an increase of more than forty percent in the number of serious security offenses, including the throwing of stones and petrol bombs, placing of explosive devices, and serious instances of gunfire at Israelis in Judea and Samaria. There have been thousands of these kinds of attacks.

Sincerely,

s/ Rafi Yaffe, Superintendent District Commander Spokesperson

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